Bond of Caution

A bond of caution (pronounced "kay-shun") is a form of insurance that the Scottish courts may require before issuing Confirmation. It protects the estate's beneficiaries against an executor either applying for confirmation when not entitled to do so, or failing to distribute the estate according to law. [source: scotcourts/small-estates-2026-05-03.html]

A bond of caution is never needed from an executor named in a will (an executor-nominate). It is needed from an executor-dative, who is appointed where the deceased left no will, with two exceptions. No bond is needed where the surviving spouse or civil partner is the executor-dative and takes the whole estate under prior rights. And where the sheriff clerk's office assists with preparing the inventory for a small estate (gross value £36,000 or less), no bond of caution is required; this exemption has applied since 4 March 2016. [source: scotcourts/small-estates-2026-05-03.html] [source: legislation-gov-uk/confirmation-of-executors-1823-section-2-2026-11-01.html]

Otherwise, where there is no will and a solicitor prepares the inventory, or the estate is a large one, the executor-dative needs a bond of caution, obtained from an insurance company. The cost depends on the size of the estate and the risk profile; the solicitor handling the application advises on the procedure. [source: scotcourts/small-estates-2026-05-03.html]

Bonds of caution have no equivalent in the England-and-Wales Grant of Probate system, which relies instead on the executor's personal liability and the protection of statutory creditor notices. → Confirmation in Scotland

Last verified: 26 October 2026 against scotcourts.gov.uk.

AfterLoss

Our probate in Scotland guide explains where the bond of caution fits in the Confirmation route for an estate without a will. Information and Documents stores the C1 inventory and supporting bond paperwork together, so the Sheriff Court application has the right pieces in the right order.